Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGLK v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1744
MIGRATION – application for protection visa – review of decisions – where Federal Magistrate found jurisdictional error on part of Tribunal but refused relief on basis of delay – where applicant pursued alternative relief through two class actions ADMINISTRATIVE LAW – judicial review – prerogative writs and orders – discretion of court and matters precluding relief – delay – whether significant unexplained delay – where applicant pursued alternative relief through two class actions Held – Federal Magistrate's finding of disentitling unexplained delay was based on an erroneous consideration; discretion re-exercised; appeal allowed Appellant S395/2002 v Minister of Immigration and Multicultural Affairs (2003) 216 CLR 473cited Port of Melbourne Authority v Anshun Pty Limited (1981) 147 CLR 589 considered and applied R v Commonwealth Court of Conciliation and Arbitration: Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389 discussed Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited F. Hoffman-La Roche & Co AG v Secretary of State for Trade and Industry [1975] AC 295 cited House v The King (1936) 55 CLR 499 applied SZGLK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL ANOR NSD 1102 OF 2006
RARES J
8 NOVEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1102 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGLK
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RARES J
DATE OF ORDER: 8 NOVEMBER 2006
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